Burr v. William Beaumont Hospital

Michigan Court of Appeals

Burr v. William Beaumont Hospital

67 Mich. App. 415

CourtMichigan Court of Appeals

DecidedFebruary 19, 1976

DocketDocket No. 24340

StatusPublished

Cited by1 cases

This text of 67 Mich. App. 415 (Burr v. William Beaumont Hospital) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burr v. William Beaumont Hospital, 67 Mich. App. 415 (Mich. Ct. App. 1976).

Pincite

Opinion

Per Curiam.

Plaintiffs wrongful death action, charging defendants with breach of warranty in the transfusion of blood, was dismissed by the trial court pursuant to defendants’ motion for accelerated or summary judgment. Plaintiff appeals.

When read to give effect to the most reasonable and probable intent of the Legislature, 1967 PA 174 (MCLA 691.1511; MSA 14.528[1]) precludes the implication of warranties in a blood transfusion transaction where no medical test is available to ascertain the fitness of the blood.

Inasmuch as plaintiff has admitted that there was no such medical test available at the time of the blood transfusions in question, the trial court’s dismissal of plaintiffs action was proper.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI